Bakhash v. WinstonBakhash v. Winston
The People of the State of New York, Respondent, v Jorge Gudino, Appellant [19 NYS3d 886]—Order, Supreme Court, Bronx County (Seth L. Marvin, J.), entered April 11, 2014, which adjudicated defendant a level two sex offender pursuant to the
Initially, we reject the People‘s argument that, because defendant has been deported, we should decline to hear his appeal (see People v Edwards, 117 AD3d 418 [1st Dept 2014]).
The court properly exercised its discretion when it declined to grant a downward departure (see People v Gillotti, 23 NY3d 841 [2014]). The mitigating factors cited by defendant were adequately taken into account by the guidelines, or did not warrant a downward departure under the totality of the circumstances, including the egregiousness of the underlying sex crime against a child. Concur—Tom, J.P., Friedman, Saxe and Gische, JJ.